Govt unhappy with "regurgitated" criticism

Who is actually saying it? - Editor.

Reply - Lopeti Senituli: The [quoted] format is the same as that used in our statement on the Ashika Commission Report. It is coming from the Government. But if you want to attribute it to someone then it should be attributed to the Acting Prime Minister, Hon Dr. Viliami Ta'u Tangi. -Lopeti Senituli, Press Secretary/Political Adviser to the Hon Prime Minister.

Ashika-the tragic loss of judicial independence and 74 innocent lives - Tevita:
The Government press release today re the Attorney General’s resignation sums up their total lack of understanding of transparency and good governance. I quote the press release: “The inspiration of politically motivated criticism of the Government on the grounds of systemic failure, which mysteriously surfaced in the report of the Ashika Commission, now appears to be revealed. The same intemperate assertions are churlishly regurgitated in the Attorney General’s publicity statement.”

The Ashika Inquiry was extremely thorough and transparent and the final report has been widely read. There was a systemic failure by Government that led to the deaths of 74 innocent women and children. Up to now the Govt has been silent on how they intend to address these failures so that this tragedy never happens again. Now their press release shows their true colors. If they had even been bothered to read the report they would have appreciated that it was delivered after hearing the evidence of many, many witnesses over a long period of time and the evaluation of many documents, which they had access to. The conclusion that this was a systemic failure of Govt was not something that just “mysteriously” surfaced as Govt would like us all to believe. Unfortunately for Govt, the Commission in their quest to be transparent, put all the transcripts on their website, which allowed us to see exactly what those failures were.

Now, the Govt response appears to be that they want to shoot the messengers (although a good whipping is still on the cards). Bravo, John Cauchi, you are a man of integrity and courage to speak out about the interference of Govt in the appointments of the Judiciary. We have watched with interest the politics behind the decision not to renew the contract of the Chief Justice, Tony Ford. Chief Justice Ford, like Mr Cauchi, is not a man to be bullied or pressured nor will he compromise his ethics .He has been a excellent Chief Justice and will be another sad loss to Tonga.

I would also imagine that those that sat on the Ashika Inquiry will also now be persona non grata in Tonga. That leaves us Justice Schuster, the Whipping Judge who, apparently, has had many of his decisions overturned on appeal. Does anyone else have that sinking feeling that Government, in their questionable wisdom, want him as the new Chief Justice?

The reality is that we need a Justice system that we can have confidence in and that delivers a fair hearing to all that appear before it. We have to believe that our Judges decisions are not influenced by Government but are based on the rule of law. That defendants, no matter who they are, will get a fair hearing and judicial decisions will be based on evidence and not external interference.

Will Commander Kelly be the next person to resign? One is left to wonder what sort of pressure he could be under to withdraw charges that have already been laid against one or two of those tangled up in the Ashika mess. Or do we wait for them to appear before the new ‘friendly’ Judges and perhaps they will dismiss all charges.

It is scary times in Tonga. There is a large black cloud over the Kingdom and a looming sense of more trouble similar to the 2006 riots. How have things gone so tragically wrong? One gets the feeling that the current Ministers are too busy feathering their own nests before November to worry about the people of Tonga. It is best summed up by saying that the sinking of the Ashika also became the sinking of our independent Judicial system in Tonga. - Tevita

Ashika victims need efficient and impartial prosecutors - Siosaia Fatani:
On May 1, 2010 the Attorney General of Tonga, John Cauchi, said that, “… the decision by the Cabinet not to support the appointment of independent prosecutors was a terrible injustice to the people who died in Ashika.”

Again, the Government of Tonga appears not to care about the welfare of her people, especially those who are not here anymore to voice their constitutional rights. These 74 innocent bystanders are gone. Why should we worry about them anymore? The Government of Tonga probably cannot wait to get rid of the Ashika incident. They don't want to deal with it anymore. The best she can do at this stage is not to give these 74 deceased a fair representation in court.

Not giving these 74 deceased a fair representation and hearing in court is an outrageous violation of their constitutional rights to due process of law. These people need efficient and impartial prosecutors to represent them in court. Anything less than that is not only suspicious but unacceptable. Stop treating the people unfairly. - Siosaia Fatani

Tonga is a very old country - Sione Akemeihakau Mokofisi:
Tevita Pulu hits the nail on the head: “… the Attorney General’s resignation sums up their (government) total lack of understanding of transparency and good governance,”Ashika-the tragic loss of judicial independence, 2 May 2010). Apparently, Cabinet and Prime Minister (Executive Branch) are refusing to share power with the Legislative Branch and the Judiciary Branch as mandated by the Constitution. This is why the Executive must not have sole power over the Judiciary. The dismissal of former AG ‘Alisi Taumoepeau, Chief Justice Ford, and now AG Cauchi is testimonial. They promoted changes in government internal culture to be more transparent, accountable, and good governance but were ostracized.

Arrogrant Press Release

I anticipated a Government press release to celebrate the work of Mr. Cauchi, and pledges to repair the damages in the wake of the Princess Ashika disaster. I was sadly disappointed. Instead of focusing on the Ashika resolutions, the PMO’s rebuttal to the AG’s resignation was an “arrogant” press release. The Prime Minister magnified insignificant incidental issues such as “politically motivated criticism.” Excuse me, but are we so petty to be bothered with political criticisms? Mr. Pulu is correct calling it, “Shooting the Messenger” when you don’t like the message he delivered. Are we so arrogant that we cannot take constructive criticism from people who are trying to help us?

Tonga a Very Old Country?

I find the reference to “Tonga is a very old country,” quite arrogant, and an ill-informed Ministry release. Did we forget that Christian missionaries and non-Tongan men such as Rev. Shirley Baker, Rev. Dr. J. E. Moulton, and Charles St. Julian were instrumental in founding Tonga’s present political system (Latukefu, 1975)? Priding ourselves as a “very old country” connotes a preference for a glorious past. Why then do we hold our hands out for help from other countries if we had such a glorious past? How does it translate to fixing the economy, the business and finance sector, the health care system, and the growing unemployment rate?
Celebrating nationalism is a good thing, but please don’t bite the hand that feeds you!

References: Latukefu, S. (1975). The Tongan Constitution: A brief history to celebrate its Centenary. Nuku’alofa, Tonga: Tonga Government Printer. - Sione Akemeihakau Mokofisi

Justice must be done! - Senolita Swan:
How disappointing to see the Tongan Government attempting to spin its way out of current troubles and the mess they created during the past few years. I am not disappointed because they are practising spinning, for spinning is very much part of the modern political machine these days (that is why ordinary people around the world don’t believe anything Government officials and politicians say). I am disappointed however because the PMO’s Press officers make a mess of it as well!!! Please, whoever you are, if you must spin, do it without spitting. Get a strong adhesive and firmly fix your dentures onto your gums before you express yourselves to the public again for right now, your press release is not only bad for Tonga as a Country, it is so embarrassing. The latest of course is the press release in relation to the resignation of the Attorney General, John Cauchi. Before that, the Government was on its back foot, spitting at the Royal Commission Report Re: The sinking of the HMVP Ashika.

Quote: “His Majesty’s Government, having studied the report of the Royal Commission of Inquiry established to investigate the circumstances surrounding the loss of the MV Princess Ashika and the subsequent tragic loss of life, is satisfied that all the recommendations of the report should be addressed as soon as possible by the appropriate agencies and that the law should be permitted to take its course with regard to the issue of criminal and civil liability.”

Wow! What a cold & calculating statement to make – it carries an air of eloquent snobbery at its best coupled with ignorant small minded arrogance at its worst. The first 3 words “His Majesty’s Government” implicated The Monarchy directly and that is a big mistake. The paragraph is made up of one long sentence, too long in fact to tell us anything meaningful. Its rather reminded me of the Biblical Easter Story of the Crucifixion where Governor Pilot washed his hands in the hope of washing off his responsibilities.

The statement went on:
Quote “The Government is satisfied that it has permitted unprecedented access to its records throughout the Commission’s investigation and that its record of cooperation with the Commission to establish transparency in this affair, in the face of extreme provocation by the Commission in permitting the introduction of politically motivated irrelevancies in its proceedings, is exemplary. The inference therefore in the Commission’s Report to the contrary is misleading and unhelpful.” Goodness me, unbelievable. I am sorry to point out to Sirs/Madams in Government that, on the contrary, the Royal Commission’s questions didn’t go far enough. They were very restrained with their questions. Count yourselves lucky that you didn’t have to sit in front of panels that run enquiries such as in the House of Commons in the UK or the Congress in the USA. And as Tonga is a very religious Nation, what happened to “Thank you for the enquiry … and sorry for the mistakes made … “

Then 1st May, we have another press release from Government and part of it says: Quote - “The inspiration of politically motivated criticism of the Government on the grounds of systemic failure, which mysteriously surfaced in the report of the Ashika Commission, now appears to be revealed. The same intemperate assertions are churlishly regurgitated in the Attorney General’s publicity statement.” And - “Tonga is a very old country. Its institutions were defined and established by Tongans. The reform process is a matter to be decided only by Tongans.” How arrogant can you be!!!

Uuuuummmmmmlalalalalalalala please say no more. I can’t bear it. Do you think that Mr. John Cauchi dropped out of a tin can or something? Have you ever considered what taxpayers in Australia, NZ, Europe, China etc say about Tonga Government and Tongan people when they read such ignorant remarks like this. Yes, I have to mention the taxpayers from outside countries for it occurs to me that since you all live in glass houses, you probably don’t realise that financial Aid to Tonga come directly from foreign people’s pockets. And in your snobbish ignorance you end up spitting at the very people who give you money in order to keep Tonga going. And don’t you think that it is frustrating for the donor countries to see their funds being used so unwisely by a handful of Government Ministers, Government Officials etc and without a duty of care for lives & property of ordinary people, like purchasing that rusty old bucket that sank to the bottom of the ocean. May I point out that the Ashika tragedy came about because not a single Tongan member of Government, Ministers or officials, involved in the purchase of this coffin rose above the culture and custom of Tongan institutions and challenged the legality of this fatal purchase. Despite the fact that you all have one academic degree in one thing or another, you all just behave like dummies. It is not Tonga that is very old, it is the Government method of running things that is very old. As a direct result of that, 74 needless unjust fatalities occurred … please don’t do any more press releases for you will end up hanging yourselves.

Let me tell you something that might bring you back to your senses. This whole saga is Not about You and how important you are. The main issue which linked Mr John Cauchi and the Royal Commission Report is the lives of 74 people, Tongans and Non Tongans, who perished at sea because of the sheer incompetence of Tongan Government Ministers and Officials. These 74 people shouldn’t have died but they have now died and so let me scream out the obvious – They Have no Voices to Ask You Questions. Their voices come in the form of the likes of Mr John CAUCHI etc. These victims have families who are still struggling to come to terms with what happened, survivors who are still struggling to come to terms with what they experienced - This is what it is all about. Questioning the way you do things in Tonga is not a political motivated move but rather a sign of frustration at the lack of remorse, respect or action thus far by the Tongan Government. Have your power struggle and fight with all your might to save your positions and your own skins. But whatever you do, please don’t be fooled in thinking that the 74 people who died unjustly will be silent forever. They will haunt Tonga today, tomorrow, the next day and for years to come until their voices are heard and justice is done. My only fear is that if Government Ministers and Officials continue to operate the way they do now, Tonga will have another disaster. Message from the bottom of the Pacific Ocean ” Have a nice life everyone “ - Senolita Swan